Environmental Law

Serve as litigation counsel for the Dayton Power & Light Company relating to a clean-up of an old landfill pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean-up at the site could exceed $100 million, involves dozens of parties and has a long procedural history.

Retained by an Italian-based company to provide all legal services in the construction and development of a 1.4 million-square-foot manufacturing facility in central Ohio. One of the main aspects of the site selection involved the environmental conditions of the site and environmental permitting issues in the project’s development. In this engagement, the firm assisted with various real estate, environmental and tax matters, including the negotiation of a variety of easements. The PUCO has approved energy efficiency rebates for the company’s combined heat and power systems which will result in significant cost savings and operational benefits.

Represented Cuyahoga County in closing a $10 million financing transaction for the development of a solar farm on former landfill property near Cleveland. The solar farm covers 17 acres and consists of over 35,000 panels – the largest in the state. Likewise, the firm negotiated several related agreements, including a 30-year power purchase agreement. The project was completed in summer 2018 and was named Solar Builder’s “2018 Gold Project of the Year.”  

Represented a contractor in a lawsuit against a public owner when payment was withheld after a component of the landfill project failed.

Represented a landfill contractor in a lawsuit where the subcontractor made claims for delay damages.

Represented a public owner in a lawsuit against a contractor when a $14 million surface water treatment plant was delivered over a year late and the contractor made claims for additional payment.

Represented multiple utilities against different manufacturers of large-scale  treatment equipment such as coarse screening equipment, membrane bioreactors, tertiary filters, and nano filtration arrays that did not meet performance expectations.

Served as trial counsel in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) litigation representing a current owner against various potentially responsible parties. Successfully obtained a dismissal of the original case on a statute of limitations grounds, which was upheld by the Sixth Circuit on appeal.